A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around July 2017, the criminal defendant against the victim B made a false statement to the effect that “The PC is able to make a profit if he/she runs the PC. There is a PC set out in a premium of KRW 30 million, a deposit of KRW 10 million. The conditions of investment are 1,000,000,000,000 won, respectively. The conditions of investment are as follows: (a) the store manager is 40%, Defendant 30%, and the victim is set at 30% in proportion to the amount invested; and (b) the profits are set at 40% in proportion to the amount invested.”

However, at the time of fact, the premium for the PC bank was KRW 20 million, and the deposit was KRW 10 million, and the Defendant did not think that it would have invested KRW 20 million from the beginning, and it was thought that the Defendant would operate the PC only with the victim's investment money to bring profits.

Nevertheless, on July 21, 2017, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the C (D) account in the name of the Defendant as the investment deposit and acquired it by deceiving the victim.

2. Fraud to victims E;

A. On December 27, 2017, the Defendant made a false statement to the victim E (the 50-year-old) in the Sungwon-si Ftel G that “I would make payment within four days if I would lend 17 million won to the investor H for the purpose of repaying the borrowed money.”

However, even if the Defendant received the above money, he was thought to use it as a personal debt repayment and living expenses. At the time, he did not have any property owned by the Defendant, and was liable for the amount of KRW 80 million, and there was no intention or ability to repay the said money as the borrower.

Nevertheless, the Defendant, by deceiving the victim as above, wired the victim to the I Bank Account (J) account under the name of the Defendant from the victim, with the sum of KRW 13 million over three times around December 27, 2017, and KRW 17 million around January 10, 2018.

B. On January 23, 2018, the Defendant’s real estate in the instant officetel G works for the victim.